Judge Orders Medical Device Manufacturer to Pay $3.27 Million to Transvaginal Mesh Victim in Trial
On Friday, September 5th, a jury ruled that a plaintiff in the transvaginal mesh multidistrict litigation (MDL) against Johnson & Johnson and their subsidiary Ethicon were guilty of negligence and misrepresentation. The judge ordered the company to pay $3.27 million to Transvaginal Mesh Victim.
The transvaginal mesh trial is the second in a series of bellwether trials against Johnson & Johnson’s Ethicon unit. The MDL contains 33,000 lawsuits from women all over the country who have been seriously harmed by the transvaginal mesh devices that Ethicon manufactured.
After a two-week trial, Ethicon was found guilty by the jury in West Virginia of selling faulty devices and failing to warn both patients and doctors about serious side-effects including infection, bleeding, continued organ prolapse, and chronic pain.
Plaintiff Jo Huskey received an Ethicon Gynecare TVT Obturator in 2011, at age 52, to treat stress urinary incontinence (SUI). The next year, however, she and her husband filed a lawsuit against the company led to severe side effects, including pelvic pain. She was in such serious pain that she had to undergo surgery to have the transvaginal mesh device removed, the transvaginal mesh victim testified.
“This verdict is critically important to women and their families from across the US who have needlessly suffered from injuries related to pelvic mesh implants,” stated Jane Akre, National News Editor of Mesh News Desk, who has provided exclusive coverage of the trial on behalf of the We Are Mesh Survivors Coalition.
“The decision for Mrs. Huskey is a crucial step in holding the largest manufacturers of these devices accountable for the damage they have done to tens of thousands of women by continuing to manufacture, market, sell – and most importantly – profit from these products,” Akre added.
“The verdict is disappointing and we believe we have strong grounds for appeal,” Matthew Johnson, Ethicon’s spokesman, said in an e-mailed statement. “Ethicon’s TVT-O sling was properly designed, and Ethicon acted appropriately and responsibly in the research, development and marketing of the product.”
Although Judge Joseph R. Goodwin – who is overseeing 5 of the 6 transvaginal mesh MDLs in the US – ruled that J&J/Ethicon would pay $3.27 million for negligence and marketing misrepresentation, he also ruled that Huskey could not seek punitive damages.
Although many of the companies involved in transvaginal mesh litigations discussed settlements last year, J&J/Ethicon was the only one who did not make a settlement offer. Endo Pharmaceuticals has, so far, been the only transvaginal mesh manufacturer to reach a settlement agreement to dismiss all of the personal injury lawsuits in their MDL, for $830 million.
The Strom Law Firm Fights for Women in Transvaginal Mesh Personal Injury Case
Transvaginal mesh kits were initially produced to help with pelvic organ prolapse and stress urinary incontinence. Several varieties of mesh kits exist, but transvaginal mesh specifically was supposed to produce less scarring and pain, because the procedure was less invasive. However, vaginal mesh slings can cause a host of problems, including organ perforation, infection, internal scarring, continued organ prolapse, and bleeding. If you or a loved one are a transvaginal mesh victim of a pelvic organ prolapse or stress urinary incontinence, have had a transvaginal mesh device implanted, and have since experienced detrimental complications, you may be entitled to compensation. The experienced lawyers at Strom Law, LLC can help. We offer free consultations, so please contact us today, and we can help get you on the road to recovery. 803.252.4800